Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1887-05-05
GOOD FOR GROVER.

The President Takes Up the Cudgel In Be-
half of q Settler Upon the Public Domain
Against Grasping Railroad Monopoly
and Departmental Red Tape.
WASHINGTON, April 28.-President
Cleveland has sent letter to the Secre-
tary of the Interior respecting the contro-
versy between Guilford Miller and the
Northern Pacific Railroad about the
ownership of some land lying within the
indemnity limits of that road, which will
be read with interest on account OF the
conclusions reached and the suggestions
thrown out by the President for an equit-
able settlement of the case. The matter
came before the President upon the petit
ton of Miller and others. 1t has been
pending before the Interior Department
for several years, and when finally adj
justed will probably establish a precedent
for the settlement of many similar cases.
The President after looking through the
case sent the following letter to the Sec
rotary Of the Interior:
EXECUTIVE MANSION.
WASHINGTON, April %.
DEAR SIR: Ihave examined with much care
and interest the questions involved in the con-
hicting claims OF Guilford Miller ana inc
Northern Pacific Railroad Company to
certain public land in Washington
Territory. The legal aspect OF the
case has been examined and passed upon by
several officers OF the Government VINO 90 nos
agree in their conclusions. Miller claims to De
a settler upon the land in question, whose pos
session dates from 1878. He alleges that ne
has made substantial improvements upon this
land and cultivated the same, and 1t appears
that he filed his claim to the same under the
homestead law on the Goth day of December,
1884. The railroad company contends that TINS
land is within the territory or area from which
it was entitled to select such quantity OF
public lana IS might be necessary 10 supply
any deficiency that should be found to exist IN
the specific land mentioned in grant by the
Government to said company In aid OF the con-
struction of its road, such deficiency being con-
templated as likely to arise from the paramount
right OF private parties and settlers within tne
territory embracing said granted lands, and
that the land in dispute was thus selected py
the company on the 10Th day Of December,
1883.
A large tract including this land was with
drawn by an order OF the Interior Department
from sale and from presumption and home
stead entry in 1872 in anticipation of the con-
struction of said railroad and a deficiency IN
its granted lands In 1880. upon the filing OF
map of definite location of the road. the land In
controversy and much more which had been so
withdrawn, was found to lie outside the limits
which included the granted land, but its with
drawal and reservation from settlement ana
entry under our land laws was continued upon
the theory that it within the limits OF in
demnity lands which might be selected by the
company as provided in the law making the
grant.
The legal points in this controversy turned
upon the validity and effect Of the withdrawal
and reservation of this land and the continu-
ance thereof. The Attorney-General is OF the
opinion that such withdrawal and reservation
were at all times effectual and that they oper-
ated to prevent Miller from acquiring any IN
terest in or right to the land claimed by him.
With this Interpretation of the law and the for
mer orders and action of the Interior Depart
ment, it will be seen that their effect has been
the withdrawal and reservation since 1877 or
thousands, if not millions of acres of these
lands from the operation of the land laws OF the
United States, thus placing them beyond the
reach of our citizens desiring under such laws
to settle and make homes upon the same, and
that this has been done for the benefit OF rail-
road company having no fixed. certain, or def
mite interests in such lands. In this manner
the beneficent policy and intention OF the Gov
eminent in relation to the public domain have
for all these years to that extent been thwarted.
There seems to be evidence presented
showing how much. if any, of this vast tract is
necessary for the fulfllment OF the grant TO the
railroad company, nor does there appear to be
any limitation of the time within which this
fact should be made known, and the corpora
ton obliged to make its selection. After
lapse Of fifteen years this large body OF the
public domain is still held in reserve to the ex-
clusio1 of settlers for the convenience of cor
porate beneficiary of the Government and
awaiting it's selection, though it is entirely GER
tain that much OF this reserved land can never
be honestly claimed by said corporation.
Such q condition of the public lands should
no longer continue. So far it is the result OF
| executive rules and methods, these should be
| abandoned, and so far as it is O consequence OF
| improvident laws, these should be repealed or
amended.
Ourpublic domain is our National wealth,
| the earnest OF our growth and heritage OF our
| people It should promise limitless develop
ment and riches, relief to a crowding popula-
| ton, and homes to thrift and industry. THESE
| inestimable advantages should be jealousy
| guarded and careful and enlightened policy
| on the part of the Government should secure
| them to the people.
In the case under consideration, assume
/ that there is abundance of land within the area
| which has been reserved for indemnity, In
| which no citizen or settler has legal or equit-
| able interest. for all such purposes OF In
! Identification of this railroad company, If its
grants has not already been satisfied. under
stand, too, that selections made by such cor
poration are not complete and ehectual until
the same have been approved by the Secretary
of the Interior, or unless they are made in the
words of the statute under his direction. You
have thus far taken no action in this matter,
and it seems to me that you are in condition
to deal with the subject in such manner as to
protect this settler from hardship and loss.
I transmit herewith the papers and docu
ments relating to the case, which were sub
mitted to me at my request. I suggest that you
exercise the power and authority you have in
the premises, upon equitable considerations
with every presumption and intendment in
favor of the settler, and in case you find this
corporation is entitled to select any more OF
these lands than it has already acquired, that
you direct it to select, in lieu Of the land upon
which Mr. Miller has settled other land within
the limits Of this indemnity reservation, upon
which neither he nor any other citizen has in
good faith settled or made improvements.
call your attention to sections 2450 and 2451
of the Revised Statues of the United States as
pointing out mode of procedure which may
perhaps be resorted to if necessary for the
purpose of reaching a just and equitable dispo-
sition of the case. The suggestions herein con-
tanned can, believe, be adopted without disre-
garding or calling in question the opinion OF
the Acknowledgement upon the purely legal
propositions, which were submitted to him.
Yours very truly,
GROVER CLEVELAND.
Plans for the Big Cruisers.
WASHINGTON, April 2S.-The board APP
pointed by Secretary Whitney to examine
designs submitted for the six thousand